Sweat v. State

Harry Sweat was convicted of the murder of Pat O’Neil, and upon his motion for a new trial being overruled, he excepted.

1. The only assignment of error insisted upon in the argument was the exclusion of the dying declarations of O’Neil, *713that “He [the accused] had to do it. . . I made him do it. . . I made Harry [the accused] cut me. . . Angus Smith is the cause of it all. ” The rule as to the admissibility •of dying declarations is well stated in 10 Am. & Eng. Enc. L. (2d ed.) 376, as follows: “Dying declarations, being a substitute for sworn testimony, must be such material statements as…